Foreword | p. xiii |
Preface to 2nd Edition | p. xv |
Acknowledgements | p. xvii |
Introduction | p. 1 |
Islamic History | p. 10 |
The Quran | p. 10 |
The Five Principles of Islam | p. 11 |
The Mosque | p. 12 |
Muhammad and the Origins of Islam | p. 12 |
The Spread of Islam | p. 14 |
The Golden Age of Islam | p. 15 |
Decline and Fall | p. 17 |
A Revival of Fortunes | p. 18 |
Middle-Eastern Oil | p. 20 |
Islamic Nationhood in the Late Twentieth Century | p. 20 |
The Iranian Revolution and After | p. 22 |
Islamic Banking and Islamic Revival | p. 24 |
Shari'ah Law and Islamic Jurisprudence | p. 26 |
From the Obligatory to the Forbidden | p. 27 |
The Quran, the Sunnah and the Hadith | p. 27 |
The Five Major Schools of Islamic Law | p. 28 |
Classical Islamic Jurisprudence and the Processes for Ascertaining the Law | p. 31 |
The Concept of Fatwah | p. 33 |
From Revelation to Codification: Scholasticism and the Formulation of Doctrine | p. 35 |
Closing of the Door of Ijtihad | p. 36 |
Shari'ah and State Law in the Modern Era | p. 37 |
Islamic Commercial Law | p. 40 |
Islamic vs. Non-Islamic Commercial Transactions | p. 41 |
Principal Requirements of the Shari'ah in Relation to Commercial Activities | p. 42 |
Islam: the Difference between Equity and Debt | p. 44 |
Rationale of the Prohibition of Interest | p. 45 |
Conventional Banking and the Prohibition of Riba in Islam | p. 47 |
Treatment of Deposits with Interest | p. 48 |
Profit and Loss Sharing | p. 48 |
Profit-Sharing Enterprises | p. 49 |
Islamic Contract Law | p. 50 |
Types of Contract in Shari'ah | p. 51 |
Islamic Financing in a Contemporary Setting | p. 53 |
The Problem of Uncertainty (gharar) | p. 54 |
Summary | p. 55 |
Islamic Financial Products | p. 59 |
The Emergence of Islamic Banking | p. 60 |
Different Paths, Same Goal | p. 63 |
What Investment Products are Permissible under Islamic Shari'ah Law | p. 65 |
Shari'ah Investment Principles | p. 66 |
Equity-Financing and Debt-Financing in Pre-Islamic Arab Society | p. 68 |
Islamic Equity-Financing and Debt-Financing | p. 70 |
Equity Securities: Profit-Sharing Contracts | p. 71 |
Debt-Financing Contracts | p. 73 |
Debt Securities | p. 78 |
Shari'ah Qualifications in Leasing | p. 79 |
Other Risk-Taking Products | p. 80 |
Islamic Insurance | p. 81 |
Takaful Insurance in a Contemporary Context | p. 82 |
Takaful Compared with Conventional Insurance | p. 83 |
Summary | p. 84 |
Issues and Challenges of Islamic Banking Today | p. 87 |
Obstacles to the Application of Islamic Law to Present Day Banking | p. 88 |
Derivation from Revealed Sources | p. 89 |
Methodological Differences | p. 90 |
Pluralism of Fatwahs | p. 93 |
The Problem of Applying Islamic Law in a Western Legal Environment | p. 94 |
Accounting and Corporate Regulatory Practices | p. 95 |
Depositors and Regulators | p. 98 |
Regulators' Concerns | p. 100 |
Legal Challenges | p. 104 |
Developing an Efficient Regulatory Framework | p. 104 |
Special Requirements of Islamic Banking | p. 106 |
Assessment and Management of Investment Risks | p. 108 |
Proposals for a Regulatory Framework for Islamic Banking | p. 110 |
Conclusion | p. 111 |
Islam in South-east Asia | p. 115 |
The Coming of Islam to South-east Asia | p. 115 |
European Rivalries and Colonisation | p. 117 |
The Road to Independence | p. 119 |
Post-Independence: A New World Order | p. 120 |
The Philippines | p. 121 |
Indonesia | p. 123 |
Malaysia | p. 124 |
Brunei | p. 127 |
Islam in South-east Asia Today | p. 128 |
Colonial Legacies: Islam and State Law in South-east Asia | p. 130 |
Shari'ah vs. State Law | p. 131 |
British Malaya | p. 132 |
The Introduction of English Common Law to Malaya | p. 134 |
Out of India | p. 135 |
Muslim Law in Malaysia | p. 137 |
Conflict between Muslim Law and English Common Law | p. 138 |
Maria Hertogh: A Case in Point | p. 140 |
Post-Independence | p. 142 |
Islamic Banking in Malaysia | p. 144 |
Origins of Islamic Banking in Malaysia | p. 145 |
Bank Negara Guidelines on Islamic Banking | p. 147 |
The Shari'ah Supervisory Council | p. 148 |
Making Islamic Banking Compatible with Conventional Banking | p. 149 |
Some Observations on the Malaysian Legal Framework | p. 150 |
Islamic Financial Products in Malaysia: The Concept of an Islamic Window | p. 151 |
The Malaysian Government Investment Certificate | p. 152 |
Debt Securities | p. 153 |
Islamic Accepted Bills | p. 155 |
Takaful Insurance in Malaysia | p. 155 |
Conclusion | p. 157 |
Islamic Banking in Indonesia | p. 161 |
Islam and Government in Indonesia | p. 162 |
Traditional Islamic Financial Institutions in Indonesia | p. 165 |
Introduction of Measures to Permit Islamic Banking in Indonesia | p. 166 |
Contemporary Indonesian Islamic Financial Institutions | p. 166 |
The Introduction of Standard Accounting Procedures | p. 168 |
Forms of Lending and Borrowing in Indonesia | p. 169 |
Lending Forms | p. 169 |
Profit-Sharing Forms | p. 170 |
Borrowing Forms | p. 171 |
Conclusion | p. 172 |
Labuan: A Niche in the Islamic Money Market | p. 175 |
Role of Labuan Financial Services Authority | p. 176 |
Labuan Offshore Companies | p. 177 |
Currency and Exchange Control | p. 177 |
Tax Incentives | p. 177 |
Labuan International Financial Exchange | p. 178 |
Moving Forward with Islamic Banking | p. 179 |
Conclusion | p. 180 |
Islamic Banking in Brunei | p. 182 |
Introduction | p. 182 |
Brunei International Financial Corporation (BIFC) | p. 184 |
The Exclusion of Money Laundering a First Priority | p. 185 |
Parallel Jurisdictions | p. 185 |
Islamic Banking in Brunei | p. 186 |
Takaful in Brunei | p. 189 |
Latest Developments | p. 189 |
Conclusion | p. 192 |
Banking in Singapore | p. 194 |
Introduction | p. 194 |
Legal Framework - Legislation Enacted by the Parliament of Singapore | p. 198 |
English Common Law and Statutes | p. 199 |
Singapore - An Alternative to Switzerland | p. 200 |
Singapore - Financial System Stability Assessment | p. 201 |
Singapore's Role as a Financial Centre | p. 202 |
Islamic Banking in Singapore | p. 203 |
Conclusion | p. 209 |
Conclusion | p. 210 |
Introduction | p. 210 |
Conversion Project Plan | p. 212 |
Moral Hazard and the Risk of Fraud | p. 213 |
The Problem of Delays in Payment and Insolvency | p. 214 |
Problems with Futures Contracts | p. 215 |
Moving Forward | p. 216 |
Conclusion | p. 218 |
Glossary | p. 221 |
Bibliography | p. 226 |
Index | p. 236 |
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